DWI: Second Offense
Arrested a second time for DWI?
Being convicted of a second DWI can result in a long list of penalties
as well as a criminal record visible to employers, landlords and educational
institutions. The repercussions can be intense, there is the risk of a
long slue of penalties, and many inconveniences stemming from perhaps
a simple mistake or misunderstanding. Unlike a first offense, a second
DWI charge is punishable as a Class A misdemeanor, the most serious type,
which is comparable to
assault with bodily injury or resisting arrest. Because there is the obvious case
made that you have been in the same trouble before it is often presumed
by a judge or jury that you have simply not learned your lesson or have
great disregard for the law, however this is often far from the case.
Each DWI case is unique and should be considered carefully will all evidence
examined. Often times a second DWI offense is easily skimmed over and
judged on assumption with bias and little know fact about the exact parameters
of the case. It is important to have a strong defense time behind your
case to help you represent every facet of your incident in order to help
alleviate the presumed punishment for second offense DWI convictions.
Going from behind the wheel to behind bars for an extended period over
a misunderstood incident can be grueling for many of those being convicted
who aren’t nearly as bad or ‘criminalized’ as the law
How Serious Is A Second DWI Offense?
It is understandable that there would be some fear and uncertainty following
a second DWI offense. There are presumably stiffer punishments, less room
for understanding or forgiveness, and of course the looming worry that
a harsh sentence and ‘inevitable jail time’ is just around
the corner. However many of our clients
contact us in a frantic rush out of not knowing what is to become of their freedom
or reputation. To this we open up and relieve many worries of our clients
by informing them of the lighter reality of their situation.
As said before, every DWI case is different. Therefore there are many many
different possible outcomes for each one. The law and promoted punishment
for returning DWI offenders is a bit harsh. Often times people hear things
like multiple years in prison, lost license and driving privileges for
upwards of 3 years, and thousands of dollars in fines. While some DWI
second offense charges have turned out this way in the past so as to pave
the way for these beliefs.
Your DWI offense cannot be understood from just a simple report and a folder
or file on record in the court house. Let our experienced legal experts
fight for you to make sure you don’t see harsh and stiff punishments
like many poorly represented offenders. There are many different aspects
to a second offense DWI case that often aren’t delegated properly
or argued on behalf of the defendant. Some of them are:
Often times an offender’s BAC, or Blood Alcohol Content isn’t
recorder properly or on time, thus creating a bit of confusion. For instance
if a BAC is taken not immediately at the time of the incident and citation
then it could be improperly assumed or reported incorrectly.
A judge or jury could be making improper assumptions of a case based on
an offender’s choice to refuse a breathalyzer test or any other
form of BAC testing procedure. Many times at the time of the incident
an offender could be confused about what implications or admissions taking
a test could have.
The scene at which an incident occurs often has a lot to say about the
nature of the accident and provide details that should not be overlooked
while delegating the verdict. Things such as if there were other passengers
in the vehicle, if the incident resulted in an accident or just a traffic
stop, and if there were other vehicles or pedestrians nearby that could
pose obstacles and hazards.
What Does Conviction Of A Second DWI Mean?
If convicted for the second time within five years of the first offense,
Texas law requires Travis County courts to order that individual to install
and maintain a “deep-lung” air device in their vehicle, which
measures blood alcohol content (BAC). Also known as an ignition interlock
device, it requires the driver to breathe into the machine before the
car will start. If alcohol is detected, the car will not start. The device
also requires pulling over periodically while driving to test the driver’s
BAC. While these installations are understandable to assure the state
you are following their procedures to keep Texas roads safer, they are
a pretty serious punishment and provide a level of inconvenience which
doesn’t always need to be coupled with other stiff punishments.
There can be some seriously significant penalties for those convicted of
a second DWI offense, especially if the offender isn’t represented
well in court to debate their claim. Sometimes a hefty jail sentence is
given, a lengthy revocation of a license, and even the equivalent to a
years worth of the convicted’s salary for a fine. With the proper
representation from our experienced legal firm you could see a reduction
in penalties and conviction for your second DWI offense.
Alternative penalties for a second DWI can include any of the following:
- Driver’s license suspension between 180 days and two years
- Fines up to $4,000, not including court costs and other additional fees
- Jail time between 30 days and one year
- Community supervision
- Monthly reporting to a probation officer
- Community service up to 200 hours
- Attendance at an alcohol or drug education program
- Requirement to file an SR-22 proof of liability insurance for at least two years
Call Our Attorneys Today
If you live in the Austin area and have been charged with your second DWI,
contact Carroll Troberman, PLLC today.
Attorneys Blair Carroll and Meredith “Shelly” Troberman have the
DWI defense experience you need to navigate this stressful time in your life. Call
us now to set up a free consultation. (512) 605-1619.